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S231Senate2017-2018 Session

Tougher Penalties for Child Prostitution

Official title

“Adds the prostitution of a child less than 17 by a parent, guardian or person charged with the custody of such child, to class B felony of promoting prostitution in the 1st degree”

Sponsor Martin J. GoldenSD-22+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds prostituting a child by their parent, guardian, or caretaker to the crime of first-degree promoting prostitution.

Why it matters

  1. Expands protections for minors. by directly targeting parents, guardians, or caretakers who are involved in the prostitution of a child, recognizing the unique position of trust and authority these adults have over children.

  2. Closes a loophole in existing law. by explicitly including caretakers and legal guardians, not just strangers or unrelated offenders, making it easier to prosecute cases where a child is exploited within their own household.

  3. Increases potential deterrence and accountability. by elevating the offense committed by a parent, guardian, or caretaker to first-degree promoting prostitution—a class B felony with more severe penalties, signaling the state’s intent to treat these cases with the utmost seriousness.

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Who cares

Headline styles

Tougher Penalties for Child Prostitution

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

231

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to including within the offense of promoting prostitution in the first degree, the prostitution of a child by a parent, guardian or person charged with the care and custody of the child

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 230.32 of the penal law, as added by chapter 627 of the laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.32 Promoting prostitution in the first degree.

A person is guilty of promoting prostitution in the first degree when he or she:

1. knowingly advances or profits from prostitution of a person less than thirteen years old; or

2. being twenty-one years old or more, he or she knowingly advances or profits from prostitution of a person less than fifteen years old[.]; or

3. being the parent, guardian or other person legally charged with the care and custody of a child less than seventeen years old, he or she knowingly advances or profits from prostitution of such child.

Promoting prostitution in the first degree is a class B felony.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03477-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to including within the offense of promoting prostitution in the first degree, the prostitution of a child by a parent, guardian or person charged with the care and custody of the child

Purpose

To provide a more severe punishment for those who prostitute their children

Summary of provisions

Section 1 of this bill amends Penal Law section 230.32, promoting prostitution in the first degree, by adding a parent or guardian who knowingly advances or profits from the prostitution of a child that he or she is charged with caring for and that child is less than seventeen years of age. Promoting prostitution in the first degree is a class "B" felony

Section 2 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, the Penal Law does not specifically address the prostitution of a child by a parent or guardian. Current offenses of promoting child prostitution range from class "D" to class "B" felonies.

Justification

This legislation is being amended because a 2015 amendment to Penal Law section 230.32 required that the new section receive a different subsection letter.

The January 2015 conviction of Yolanda Ostoloza for promoting prostitution and endangering the welfare of a child is a glaring example of why the law needs to be changed. in January 2014, Yolanda Ostoloza brought her barely 15-year old daughter to Manhattan from Florida for the purpose of prostituting her daughter to the crowds that were in the City for the Super Bowl. Promoting prostitution in the second degree is a class "B" felony and endangering the welfare of a minor is a class "A" misdemeanor. Yolanda Ostoloza was sentenced to 1 to 3 years in prison, which is the minimum term for the class "B" felony conviction. The New York Post reported that the judge "decided a lesser term was justified given Ostoloza's lack of priors and a history of similar conduct." By clearly adding parents and guardians who prostitute their children to the offense of promoting prostitution in the first degree, the Legislature is articulating its finding that this conduct is not trivial and should not be tolerated in this State.

Yolanda Ostoloza is not the only parent who has engaged in this activity. The emergence of similar cases throughout the Country has demonstrated a need to address the promotion of child prostitution by the child's parent or legal guardian. Instead of caring for and protecting their children, these parents and guardians have forced them to engage in unspeakable acts. These children have been robbed of their childhood by those who are supposed to be protecting them.

Legislative history

2016: S.1109-8 - Passed the Senate 2015: S1109 - Passed the Senate 2014: S.2244 - Passed the Senate 2013: S.2244 - Passed the Senate 2012: S.1991 - Passed the Senate 2011: S.1991 - Passed the Senate 2010: S.2114 - Referred to Codes 2009: S.2114 - Referred to Codes 2008: S.5879 - Referred to Codes 2007: S.5879 - Referred to Codes

Fiscal implications

None to the State

Effective date

This law shall take effect on the first of November succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.